Training and Tertiary Education Act 2003 (ACT)

This Act establishes the local legal framework for vocational education and training in the Australian Capital Territory, concentrating on the regulation of apprenticeships and traineeships, quality assurance in VET, and related administrative powers. Its stated objects are to regulate apprenticeships and traineeships, support quality assurance and best management practices for vocational education and training, and promote awareness and development of industry‑relevant VET (s 2). The Act gives the director‑general executive functions to inquire into VET issues, advise the Minister, facilitate recognition and quality assurance, ensure a policy framework for delivery in the ACT, and establish a streamlined system for apprenticeships and traineeships (s 6).

Mechanically, the Act:

Authorises the director‑general to determine what counts as "work‑related training" (eg an apprenticeship or traineeship) and to make those determinations as notifiable instruments (s 7).
Allows the director‑general to determine probationary periods for training contracts, by notifiable instrument (s 8), and permits either party to end the contract during a probationary period (s 14).
Creates an approval regime for training contracts: an employer and a person must have an approved training contract for work‑related training that leads to a VET qualification or statement of attainment, unless the director‑general has decided training contracts cannot be entered for that particular qualification (ss 9, 11, 12). The director‑general must be satisfied that contract form matches the nationally agreed training contract and that facilities, training delivery, and employer industrial arrangements are suitable (s 9(2)).
Provides the director‑general with supervisory and corrective powers over approved training contracts, including approving contracts subject to conditions, approving or refusing requested amendments, and the power to suspend, cancel or amend approvals where an employer cannot provide training, it is in the apprentice/trainee’s interests, or regulations prescribe other circumstances (ss 9(3), 15, 16).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Training and Tertiary Education Act 2003 A2003-36 Republication No 17 Effective: 5 January 2026 Republication date: 5 January 2026 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Training and Tertiary Education Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 5 January 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Training and Tertiary Education Act 2003 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Objects of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 Part 2 Vocational education and training 6 Functions of director-general 4 Part 3 Work-related training and training contracts 7 Determination of work-related training 5 8 Probationary period for training contract 5

Contents Page contents 2 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Approval of training contract 5 10 Application for approval 6 11 Training contracts for qualification or statement of attainment 6 12 Training must be under approved training contract 7 13 Code of practice 7 14 Ending training contract during probationary period 8 15 Party may ask for amendment 8 16 Director-general may suspend, cancel or amend contract 8 17 Dispute between employer and apprentice or trainee 9 Part 4 Visits to premises 18 Visits by director-general—RTO premises 10 19 Visits by director-general—training contract premises 11 20 Identity cards 12 21 Production of identity card 12 22 Obstructing visits—director-general 13 Part 5 Notification and review of decisions 23 Meaning of reviewable decision—pt 5 14 24 Reviewable decision notices 14 25 Applications for review 14 Part 6 Other provisions 26 CRICOS approval 15 27 Protection from civil liability 15 28 Determination of fees 15 29 Approved forms 16 30 Regulation-making power 16

Contents Page R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions 17 Dictionary 19 Endnotes 1 About the endnotes 21 2 Abbreviation key 21 3 Legislation history 22 4 Amendment history 24 5 Earlier republications 40 6 Renumbered provisions 42

R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Training and Tertiary Education Act 2003 An Act about vocational education and training, and for other purposes

Part 1 Preliminary Section 1 page 2 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Training and Tertiary Education Act 2003. 2 Objects of Act The objects of this Act are to— (a) regulate apprenticeships and traineeships; and (b) support quality assurance and best management practices for vocational education and training; and (c) encourage awareness in the community of the need for, and to promote the development of, vocational education and training that is relevant to industry. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘registered training organisation (or RTO)—see the Commonwealth Act, section 3.’ means that the term ‘registered training organisation’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Vocational education and training Section 6 page 4 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Vocational education and training 6 Functions of director-general The director-general has the following functions: (a) to inquire into, and advise the Minister on, issues about vocational education and training; (b) to facilitate recognition and quality assurance in the provision of vocational education and training; (c) to ensure a strong policy framework for the delivery of vocational education and training in the ACT; (d) to establish a simple, streamlined system for apprenticeships and traineeships; (e) any other function given to the director-general under this Act.

Work-related training and training contracts Part 3 Section 7 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Work-related training and training contracts 7 Determination of work-related training (1) The director-general may determine that a sequence of vocational education and training is work-related training for this Act. Examples 1 apprenticeship 2 traineeship (2) A determination is a notifiable instrument. 8 Probationary period for training contract (1) The director-general may determine a period of probation under a training contract (a probationary period). Examples 1 A probationary period of 60 days may be determined for a 2-year traineeship. 2 A probationary period of 90 days may be determined for a 4-year apprenticeship. Note Power to make a statutory instrument includes power to make different provisions in relation to different matters or different classes of matters (see Legislation Act, s 48). (2) A determination is a notifiable instrument. 9 Approval of training contract (1) The director-general may approve a training contract between an employer and another person in relation to work-related training. (2) The director-general must not approve a training contract unless satisfied that— (a) the contract complies with the form and content of the nationally agreed training contract; and

Part 3 Work-related training and training contracts Section 10 page 6 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the facilities, equipment and methods proposed to be used for the training are suitable; and (c) the qualifications, knowledge and skills of the person proposed to deliver the training are appropriate; and (d) the person proposed to deliver the training conducts himself or herself in a way appropriate for a person responsible for the delivery of training; and (e) the employer is likely to comply with any relevant industrial arrangement. (3) The director-general may approve a training contract subject to conditions. (4) In this section: industrial arrangement means— (a) a fair work instrument made under the Fair Work Act 2009 (Cwlth); or (b) a contract of employment. nationally agreed training contract means the training contract agreed between the Commonwealth, States and Territories. 10 Application for approval An application for approval must be made in a way required by the director-general. 11 Training contracts for qualification or statement of attainment (1) An employer and another person may enter into an approved training contract for training that results in a qualification or statement of attainment being issued to the other person.

Work-related training and training contracts Part 3 Section 12 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, a contract cannot be entered into if the director-general decides that training contracts cannot be entered into for the particular qualification or statement of attainment. 12 Training must be under approved training contract (1) An employer commits an offence if— (a) the employer provides a person with work-related training for a qualification or statement of attainment; and (b) the employer employs the person on trainee or apprentice wages and conditions; and (c) there is no approved training contract between the employer and the person. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 13 Code of practice (1) In providing work-related training under an approved training contract, all parties must comply with any code of practice approved by the Minister for this section. (2) An approved code of practice may apply, adopt or incorporate an instrument, as in force from time to time. Note The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (3) An approval is a disallowable instrument.

Part 3 Work-related training and training contracts Section 14 page 8 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Ending training contract during probationary period (1) This section applies if— (a) an employer and another person (an apprentice or trainee) have entered into an approved training contract; and (b) a probationary period has been determined for the contract. (2) The employer or the apprentice or trainee may end the contract before the end of the probationary period. 15 Party may ask for amendment (1) A party to an approved training contract may ask the director-general to approve an amendment of the contract. (2) The director-general must— (a) approve the amendment requested; or (b) refuse to approve it. (3) The director-general must not approve an amendment unless satisfied that the contract as amended complies with the form and content of the nationally agreed training contract. (4) Subject to subsection (3), the director-general must approve an amendment requested by all parties unless satisfied that the amendment would adversely affect the provision of the training. 16 Director-general may suspend, cancel or amend contract The director-general may suspend or cancel approval of a training contract or amend an approved training contract— (a) if the employer is unable to provide training under the contract because of a change in the employer’s circumstances; or (b) if the director-general is satisfied that it is in the interests of the apprentice or trainee to suspend or cancel the approval or amend the contract; or

Work-related training and training contracts Part 3 Section 17 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) in any other circumstance prescribed by regulation. 17 Dispute between employer and apprentice or trainee (1) This section applies if a dispute about training under an approved training contract arises between parties to the contract. (2) A party may ask the director-general to resolve the dispute. (3) Within 28 days after the day of receiving the request, the director-general must attempt to resolve the dispute. (4) If the dispute is not resolved after the end of that 28-day period, the director-general may— (a) make a finding of fact about any matter relating to the training contract; or (b) amend the contract; or (c) give directions to a party to the contract incidental to an action under paragraph (a) or (b).

Part 4 Visits to premises Section 18 page 10 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Visits to premises 18 Visits by director-general—RTO premises (1) The director-general may give an RTO written notice that a person authorised by the director-general proposes to visit premises where the RTO is conducting, or proposing to conduct, training or assessment as part of a VET course. Note RTO—see the dictionary. (2) A notice under subsection (1) must— (a) state the address of the premises proposed to be visited; and (b) state the purpose of the visit; and (c) state the day and time of the proposed visit; and (d) be given to the RTO at least 7 days before the day of the proposed visit. (3) The day and time of the proposed visit must be a day and time when the RTO normally conducts business on the premises. (4) The authorised person may, on the day and at the time stated in the notice— (a) enter the premises stated in the notice; or (b) observe the operations of the RTO on the premises; or (c) ask the RTO to give information about its operations; or (d) ask the RTO to produce any document in the possession of the RTO containing information about courses given, or proposed to be given, on the premises.

Visits to premises Part 4 Section 19 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) An authorised person may, in exceptional circumstances, do a thing mentioned in subsection (4) (a) to (d) without notice. Example of exceptional circumstance danger of injury to anyone’s health or safety (6) In this section: VET course—see the Commonwealth Act, section 3. 19 Visits by director-general—training contract premises (1) The director-general may give an employer written notice that a person authorised by the director-general proposes to visit premises where the employer is providing, or proposes to provide, training under a training contract. (2) The notice under subsection (1) must— (a) state the address of the premises proposed to be visited; and (b) state the day and time of the proposed visit; and (c) state the purpose of the visit; and (d) be given to the employer at least 7 days before the day of the proposed visit. (3) The day and time of the proposed visit must be a day and time when the employer normally conducts business on the premises. (4) The authorised person, may on the day and at the time stated in the notice— (a) enter the premises stated in the notice; or (b) observe any work-related training being provided on the premises; or (c) ask the employer to give information about work-related training provided, or proposed to be provided, on the premises; or

Part 4 Visits to premises Section 20 page 12 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) ask the employer to produce any document in the possession of the employer containing information about work-related training provided, or proposed to be provided, on the premises. (5) An authorised person may, in exceptional circumstances, do a thing mentioned in subsection (4) (a) to (d) without notice. Example of exceptional circumstances danger of injury to anyone’s health or safety 20 Identity cards (1) The director-general may give a person who may conduct visits under this part an identity card that states the person’s name and position, and shows— (a) the date of issue of the card; and (b) the date of expiry of the card; and (c) anything else prescribed by regulation. (2) A person who is given an identity card commits an offence if the person fails to return it to the director-general as soon as practicable, but within 7 days, after the day the person is asked by the director-general to return the card. Maximum penalty: 1 penalty unit. (3) An offence against this section is a strict liability offence. 21 Production of identity card A person who has entered premises under this part must not remain on the premises if, on request by the occupier, the person, or someone accompanying that person, does not produce his or her identity card.

Visits to premises Part 4 Section 22 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Obstructing visits—director-general (1) This section applies if the director-general is satisfied that an employer or RTO— (a) without reasonable excuse, obstructs or hinders a person entering premises or observing training under section 18 (4) (a) or (b) (Visits by director-general—RTO premises) or section 19 (4) (a) or (b) (Visits by director-general—training contract premises); or (b) refuses to give information, or gives information that the employer or RTO knows is false or misleading in response to a request under section 18 (4) (c) or section 19 (4) (c); or (c) refuses to produce a document, or produces a document that the employer or RTO knows contains false or misleading information, in response to a request under section 18 (4) (d) or section 19 (4) (d). (2) The director-general may suspend or cancel the approval of, or amend, an approved training contract to which the employer is a party or under which the RTO delivers work-related training.

Part 5 Notification and review of decisions Section 23 page 14 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Notification and review of decisions 23 Meaning of reviewable decision—pt 5 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 24 Reviewable decision notices If the director-general makes a reviewable decision, the director-general must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 25 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Other provisions Part 6 Section 26 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Other provisions 26 CRICOS approval (1) For the purposes of the Education Services for Overseas Students Act 2000 (Cwlth), section 5, definition of designated authority, the Minister is responsible for approving providers to provide courses to overseas students at government schools or non-government schools. (2) In this section: CRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students under the Education Services for Overseas Students Act 2000 (Cwlth), section 14A. government school––see the Education Act 2004, dictionary. non-government school––see the Education Act 2004, dictionary. 27 Protection from civil liability (1) A person exercising a function under this Act does not incur civil liability for an act or omission done honestly and without negligence for this Act. (2) Civil liability that would, apart from this section, attach to a person attaches instead to the Territory. 28 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

Part 6 Other provisions Section 29 page 16 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Approved forms (1) The director-general may approve forms for this Act. (2) If the director-general approves a form for a particular purpose, the form must be used for that purpose. (3) An approved form is a notifiable instrument. 30 Regulation-making power The Executive may make regulations for this Act.

Reviewable decisions Schedule 1 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 6.2) column 1 item column 2 section column 3 decision column 4 entity 1 9 (1) (Approval of training contract) refusing to approve a training contract applicant for approval 2 9 (3) approving a training contract subject to conditions applicant for approval 3 15 (2) (a) (Party may ask for amendment) approving an amendment of an approved training contract each party to the contract 4 15 (2) (b) refusing to approve an amendment of an approved training contract each party to the contract 5 16 (Director-general may suspend, cancel or amend contract) suspending or cancelling approval of a training contract each party to the contract 6 16 amending an approved training contract each party to the contract 7 17 (4) (a) (Dispute between employer and apprentice or trainee) making a finding of fact about a matter in relation to a training contract each party to the contract 8 17 (4) (b) amending an approved training contract each party to the contract 9 17 (4) (c) giving directions to a party to an approved training contract each party to the contract

Schedule 1 Reviewable decisions page 18 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 decision column 4 entity 10 22 (2) (Obstructing visits— director-general) suspending or cancelling approval of an approved training contract each party to the contract 11 22 (2) amending an approved training contract each party to the contract

Dictionary R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • exercise • function • may (see s 146) • must (see s 146) • person (see s 160) • reviewable decision notice. apprentice or trainee means a person who undertakes an apprenticeship or traineeship under an approved training contract. approved training contract means a training contract approved by the director-general under section 9 (Approval of training contract). Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Cwlth). employer, for an apprentice or trainee, means the person who is obliged under a training contract to employ the apprentice or trainee. nationally agreed training contract—see section 9 (4). probationary period—see section 8. qualification means a VET qualification under the Commonwealth Act. registered training organisation (or RTO)—see the Commonwealth Act, section 3. reviewable decision, for part 5 (Notification and review of decisions)—see section 23. RTO—see registered training organisation.

Dictionary page 20 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au statement of attainment means a VET statement of attainment under the Commonwealth Act. vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF, being the Australian Qualifications Framework under the Commonwealth Act, section 3. work-related training means a sequence of vocational education and training that is determined by the director-general under section 7 to be work-related training.

Endnotes About the endnotes 1 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 22 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Training and Tertiary Education Act 2003 was originally the Tertiary Accreditation and Registration Act 2003. It was renamed by the Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 (see s 4). Training and Tertiary Education Act 2003 A2003-36 notified LR 8 September 2003 s 1, s 2 commenced 8 September 2003 (LA s 75 (1)) remainder commenced 1 November 2003 (s 2) as amended by Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.34 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.34 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.18 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) sch 3 pt 3.18 commenced 25 August 2004 (s 2 (1)) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.68 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.68 commenced 2 June 2005 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.97 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.97 commenced 12 April 2007 (s 2 (1)) Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 notified LR 13 June 2007 s 1, s 2 commenced 13 June 2007 (LA s 75 (1)) remainder commenced 1 July 2007 (s 2 and CN2007-3)

Endnotes Legislation history 3 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.57 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.57 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.100 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.100 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.79 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.79 commenced 17 December 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.155 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.155 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.31 notified LR 31 August 2011 s 1, s 2 commenced 31 August 2011 (LA s 75 (1)) sch 3 pt 3.31 commenced 21 September 2011 (s 2 (1)) Statute Law Amendment Act 2012 A2012-21 sch 1 pt 1.2 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 1 pt 1.2 commenced 5 June 2012 (s 2 (1)) Training and Tertiary Education Amendment Act 2014 A2014-48 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) remainder commenced 20 November 2014 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.178 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.178 commenced 5 January 2026 (s 2 (8))

Endnotes 4 Amendment history page 24 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title sub A2014-48 s 4 Preliminary ch 1 hdg renum as pt 1 hdg Preliminary pt 1 hdg (prev ch 1 hdg) renum as pt 1 hdg A2014-48 s 5 Name of Act s 1 sub A2007-12 s 4 Objects of Act s 2 orig s 2 om LA s 89 (4) pres s 2 (prev s 3) sub A2014-48 s 6 renum as s 2 A2014-48 s 58 Dictionary s 3 orig s 3 renum as s 2 pres s 3 (prev s 4) am A2014-48 s 7 renum as s 3 A2014-48 s 58 Notes s 4 orig s 4 renum as s 3 pres s 4 (prev s 5) renum as s 4 A2014-48 s 58 Offences against Act—application of Criminal Code etc s 5 orig s 5 renum as s 4 pres s 5 (prev s 6) renum as s 5 A2014-48 s 58 Accreditation and registration council ch 2 hdg om A2014-48 s 8 Vocational education and training pt 2 hdg ins A2014-48 s 8 Establishment, functions and membership of council pt 2.1 hdg om A2014-48 s 8 Proceedings of council pt 2.2 hdg om A2014-48 s 8

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Council committees pt 2.3 hdg om A2014-48 s 8 Compliance audits pt 2.4 hdg om A2014-48 s 8 Functions of director-general s 6 orig s 6 renum as s 5 pres s 6 (prev s 7) sub A2014-48 s 8 renum as s 6 A2014-48 s 58 Vocational education and training ch 3 hdg om A2014-48 s 8 Work-related training and training contracts pt 3 hdg (prev ch 3A hdg) ins A2007-12 s 12 renum as pt 3 hdg A2014-48 s 9 Preliminary pt 3.1 hdg om A2014-48 s 8 National register pt 3.2 hdg om A2014-48 s 8 Registered training organisations pt 3.3 hdg om A2014-48 s 8 National scheme—compliance and information pt 3.4 hdg om A2014-48 s 8 Accredited courses—vocational education pt 3.5 hdg om A2014-48 s 8 Disagreements under chapter 3 pt 3.6 hdg om A2014-48 s 8 Determination of work-related training s 7 orig s 7 renum as s 6 pres s 7 (prev s 55A) ins A2007-12 s 12 am A2011-22 amdt 1.443 renum as s 7 A2014-48 s 58 am A2025-29 amdt 4.180 Probationary period for training contract s 8 orig s 8 am A2007-12 s 5, s 6 om A2014-48 s 8

Endnotes 4 Amendment history page 26 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au pres s 8 (prev s 55AA) ins A2014-48 s 10 renum as s 8 A2014-48 s 58 am A2025-29 amdt 4.180 Approval of training contract s 9 orig s 9 am A2004-9 amdt 1.46; A2011-28 amdt 3.218 om A2014-48 s 8 pres s 9 (prev s 55B) ins A2007-12 s 12 am A2011-22 amdt 1.443; A2011-28 amdt 3.219, amdt 3.220 (5), (6) exp 21 September 2012 (s 55B (6)) renum as s 9 A2014-48 s 58 Application for approval s 10 orig s 10 om A2014-48 s 8 pres s 10 (prev s 55C) ins A2007-12 s 12 am A2011-22 amdt 1.443 renum as s 10 A2014-48 s 58 am A2025-29 amdt 4.180 Training contracts for qualification or statement of attainment s 11 orig s 11 om A2007-12 s 7 pres s 11 (prev s 55D) ins A2007-12 s 12 am A2011-22 amdt 1.443; A2014-48 s 11 renum as s 11 A2014-48 s 58 Training must be under approved training contract s 12 orig s 12 am A2007-12 ss 8-10; ss renum R7 LA om A2014-48 s 8 pres s 12 (prev s 55E) ins A2007-12 s 12 renum as s 12 A2014-48 s 58 Code of practice s 13 orig s 13 am A2008-28 amdt 3.168; A2009-49 amdt 3.200 om A2014-48 s 8 pres s 13 (prev s 55F) ins A2007-12 s 12 renum as s 13 A2014-48 s 58 am A2025-29 amdt 4.180

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Ending training contract during probationary period s 14 orig s 14 om A2014-48 s 8 pres s 14 (prev s 55FA) ins A2014-48 s 12 renum as s 14 A2014-48 s 58 Party may ask for amendment s 15 orig s 15 om A2014-48 s 8 pres s 15 (prev s 55G) ins A2007-12 s 12 am A2011-22 amdt 1.443 renum as s 15 A2014-48 s 58 am A2025-29 amdt 4.180 Director-general may suspend, cancel or amend contract s 16 hdg (prev s 55H hdg) am A2011-22 amdt 1.443 s 16 orig s 16 om A2014-48 s 8 pres s 16 (prev s 55H) ins A2007-12 s 12 am A2011-22 amdt 1.443; A2014-48 s 13 renum as s 16 A2014-48 s 58 Dispute between employer and apprentice or trainee s 17 hdg (prev s 55I hdg) sub A2014-48 s 14 s 17 orig s 17 am A2011-22 amdt 1.442, amdt 1.443 om A2014-48 s 8 pres s 17 (prev s 55I) ins A2007-12 s 12 am A2011-22 amdt 1.443; A2014-48 s 15; ss renum R16 LA renum as s 17 A2014-48 s 58 Work-related training and training contracts ch 3A hdg renum as pt 3 hdg Higher education—non-universities ch 4 hdg om A2014-48 s 16 Visits to premises pt 4 hdg (prev pt 6.1 hdg) renum as pt 4 hdg A2014-48 s 18 Preliminary pt 4.1 hdg om A2014-48 s 16

Endnotes 4 Amendment history page 28 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au ACT register pt 4.2 hdg om A2014-48 s 16 Registered higher education providers pt 4.3 hdg om A2014-48 s 16 Accredited courses—higher education pt 4.4 hdg om A2014-48 s 16 Disagreements under chapter 4 pt 4.5 hdg om A2014-48 s 16 Visits by director-general—RTO premises s 18 hdg (prev s 99 hdg) sub A2014-48 s 19 s 18 orig s 18 sub A2004-9 amdt 1.47 om A2014-48 s 8 pres s 18 (prev s 99) am A2014-48 ss 20-23 renum as s 18 A2014-48 s 58 am A2025-29 amdt 4.180 Visits by director-general—training contract premises s 19 hdg (prev s 99A hdg) am A2011-22 amdt 1.443 s 19 orig s 19 om A2014-48 s 8 pres s 19 (prev s 99A) ins A2007-12 s 20 am A2011-22 amdt 1.443 renum as s 19 A2014-48 s 58 am A2025-29 amdt 4.180 Identity cards s 20 orig s 20 am A2007-12 s 11; ss renum R7 LA om A2014-48 s 8 pres s 20 (prev s 101) am A2007-12 ss 21-23; A2011-22 amdt 1.443; A2014-48 s 25, s 26 renum as s 20 A2014-48 s 58 Production of identity card s 21 orig s 21 om A2014-48 s 8 pres s 21 (prev s 102) renum as s 21 A2014-48 s 58 Obstructing visits—director-general s 22 hdg (prev s 103A hdg) am A2011-22 amdt 1.443 s 22 orig s 22 om A2014-48 s 8

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au pres s 22 ins A2007-12 s 25 am A2011-22 amdt 1.443 sub A2014-48 s 28 renum as s 22 A2014-48 s 58 Higher education—universities ch 5 hdg om A2014-48 s 16 Notification and review of decisions pt 5 hdg (prev pt 6.2 hdg) sub A2008-37 amdt 1.489 renum as pt 5 hdg A2014-48 s 29 Operation of universities in the ACT pt 5.1 hdg om A2014-48 s 16 University advisory panels pt 5.2 hdg om A2014-48 s 16 Establishment or recognition of universities in the ACT pt 5.3 hdg om A2014-48 s 16 Foreign universities in the ACT pt 5.4 hdg om A2014-48 s 16 Meaning of reviewable decision—pt 5 s 23 orig s 23 om A2014-48 s 8 pres s 23 (prev s 104) sub A2008-37 amdt 1.489 renum as s 23 A2014-48 s 58 Reviewable decision notices s 24 orig s 24 om A2014-48 s 8 pres s 24 (prev s 105) sub A2008-37 amdt 1.489 am A2014-48 s 30 renum as s 24 A2014-48 s 58 am A2025-29 amdt 4.180 Applications for review s 25 orig s 25 om A2014-48 s 8 pres s 25 (prev s 106) sub A2008-37 amdt 1.489 renum as s 25 A2014-48 s 58 am A2025-29 amdt 4.180 General ch 6 hdg om A2014-48 s 17

Endnotes 4 Amendment history page 30 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Other provisions pt 6 hdg (prev pt 6.3 hdg) renum as pt 6 hdg A2014-48 s 32 Visits to premises pt 6.1 hdg renum as pt 4 hdg Notification and review of decisions pt 6.2 hdg renum as pt 5 hdg Other provisions pt 6.3 hdg renum as pt 6 hdg CRICOS approval s 26 orig s 26 om A2014-48 s 8 pres s 26 (prev s 108) sub A2007-12 s 27 am A2012-21 amdt 1.3, amdt 1.4; A2014-48 s 33 renum as s 26 A2014-48 s 58 Protection from civil liability s 27 orig s 27 om A2014-48 s 8 pres s 27 (prev s 110) renum as s 27 A2014-48 s 58 Determination of fees s 28 orig s 28 om A2014-48 s 8 pres s 28 (prev s 111) am A2011-28 amdt 3.223 renum as s 28 A2014-48 s 58 am A2025-29 amdt 4.180 Approved forms s 29 orig s 29 om A2014-48 s 8 pres s 29 (prev s 112) sub A2007-12 s 28 am A2011-22 amdt 1.443 sub A2014-48 s 34 renum as s 29 A2014-48 s 58 am A2025-29 amdt 4.180 Regulation-making power s 30 orig s 30 om A2014-48 s 8 pres s 30 (prev s 113) am A2014-48 s 35 renum as s 30 A2014-48 s 58 am A2025-29 amdt 4.180

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Scope of registration of RTO s 31 om A2014-48 s 8 Applying in the ACT for registration as RTO s 32 om A2014-48 s 8 Decision about registration as RTO s 33 om A2014-48 s 8 Decision about registration—registration as RTO previously cancelled s 34 om A2014-48 s 8 Registration conditions—RTO s 35 om A2014-48 s 8 Period of registration—RTO s 36 om A2014-48 s 8 Amending registration on application by RTO s 37 om A2014-48 s 8 Amending, suspending or cancelling RTO registration without application s 38 om A2014-48 s 8 Cancelling RTO registration on change of location of operations s 39 om A2014-48 s 8 Effect of suspending RTO registration s 40 om A2014-48 s 8 Suspension of registration—training or assessment previously agreed s 41 om A2014-48 s 8 Cancellation of registration—training or assessment previously agreed s 42 om A2014-48 s 8 Registration of amendment, end of registration etc s 43 om A2014-48 s 8 Offence to falsely claim to be RTO etc s 44 om A2014-48 s 8 Function may be used to support national scheme s 45 om A2014-48 s 8 Information may be made available to other registering bodies s 46 om A2014-48 s 8 Applying in the ACT for accreditation—vocational course s 47 om A2014-48 s 8 Decision about accreditation—vocational course s 48 om A2014-48 s 8

Endnotes 4 Amendment history page 32 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Expert committee for pt 3.5 s 49 am A2007-3 amdt 3.487 om A2014-48 s 8 Period of accreditation—vocational course s 50 om A2014-48 s 8 Cancelling accreditation—vocational course s 51 om A2014-48 s 8 Cancellation of accreditation—vocational course previously agreed s 52 om A2014-48 s 8 Registering end of accreditation s 53 om A2014-48 s 8 Offence to falsely claim vocational education course accredited s 54 om A2014-48 s 8 Disagreement with decision of council under s 33 or s 48 s 55 am A2008-37 amdt 1.487 om A2014-48 s 8 Determination of work-related training s 55A renum as s 7 Probationary period for training contract s 55AA renum as s 8 Approval of training contract s 55B renum as s 9 Application for approval s 55C renum as s 10 Training contracts for qualification or statement of attainment s 55D renum as s 11 Training must be under approved training contract s 55E renum as s 12 Code of practice s 55F renum as s 13 Ending training contract during probationary period s 55FA renum as s 14 Party may ask for amendment s 55G renum as s 15 Director-general may suspend, cancel or amend contract s 55H renum as s 16 Dispute between employer and apprentice or trainee s 55I renum as s 17

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Application of ch 4 s 56 om A2014-48 s 16 ACT register of higher education providers s 57 om A2014-48 s 16 Scope of registration of higher education provider s 58 om A2014-48 s 16 Application for registration as higher education provider s 59 om A2014-48 s 16 Decision about registration as higher education provider s 60 am A2008-28 amdt 3.169 om A2014-48 s 16 Decision about registration—registration of higher education provider previously cancelled s 61 om A2014-48 s 16 Expert committee for pt 4.3 s 62 am A2005-20 amdt 3.410 om A2014-48 s 16 Registration conditions—higher education provider s 63 om A2014-48 s 16 Period of registration—higher education provider s 64 om A2014-48 s 16 Amending or cancelling registration on application by higher education provider s 65 om A2014-48 s 16 Amending, suspending or cancelling registration without application— higher education provider s 66 om A2014-48 s 16 Effect of suspending registration of higher education provider s 67 om A2014-48 s 16 Suspension of registration—higher education course previously agreed s 68 om A2014-48 s 16 Cancellation of registration—higher education course previously agreed s 69 om A2014-48 s 16 Registration of amendment, suspension, cancellation etc s 70 om A2014-48 s 16 Offence to falsely claim to be higher education provider etc s 71 om A2014-48 s 16

Endnotes 4 Amendment history page 34 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Applying for accreditation—higher education course s 72 om A2014-48 s 16 Decision about accreditation—higher education course s 73 om A2014-48 s 16 Expert committee for pt 4.4 s 74 am A2007-3 amdt 3.487 om A2014-48 s 16 Period of accreditation—higher education course s 75 om A2014-48 s 16 Cancelling accreditation—higher education course s 76 om A2014-48 s 16 Cancellation of accreditation—higher education course previously agreed s 77 om A2014-48 s 16 Registering end of accreditation s 78 om A2014-48 s 16 Offence to falsely claim higher education course accredited s 79 om A2014-48 s 16 Disagreement with decision of council under s 60 or s 73 s 80 am A2008-37 amdt 1.488 om A2014-48 s 16 Universities to be established, recognised or approved s 81 om A2014-48 s 16 Declaration that university may not operate in ACT s 82 om A2014-48 s 16 What is meant by operating as a university? s 83 om A2014-48 s 16 Who can use title of ‘university’? s 84 om A2014-48 s 16 Establishment of panel s 85 am A2007-12 s 13 om A2014-48 s 16 Panel guidelines s 86 om A2014-48 s 16 Proposal for ACT university s 87 om A2014-48 s 16 Declaration of ACT university s 88 am A2007-12 s 14; A2011-28 amdt 3.221 om A2014-48 s 16

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Characteristics and role of university s 89 om A2014-48 s 16 Council to consider and advise on proposal s 89A ins A2007-12 s 15 om A2014-48 s 16 Panel to consider proposal s 90 am A2007-12 s 16, s 17; pars renum R7 LA om A2014-48 s 16 Panel to report to Minister s 91 om A2014-48 s 16 Conditions of establishment or recognition of ACT university s 92 om A2014-48 s 16 Review of operations of university s 93 am A2011-28 amdt 3.222 om A2014-48 s 16 Application for approval as foreign university s 94 om A2014-48 s 16 Council to consider and advise on application s 94A ins A2007-12 s 18 om A2014-48 s 16 Decision about approval as foreign university s 95 am A2007-12 s 19 om A2014-48 s 16 Period of approval—foreign university s 96 om A2014-48 s 16 Conditions of foreign university approval s 97 om A2014-48 s 16 Review of operations of foreign university s 98 am A2011-28 amdt 3.222 om A2014-48 s 16 Visits by director-general—RTO premises s 99 renum as s 18 Visits by director-general—training contract premises s 99A renum as s 19 Visits by council—higher education provider premises s 100 om A2014-48 s 24 Identity cards s 101 renum as s 20

Endnotes 4 Amendment history page 36 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Production of identity card s 102 renum as s 21 Obstructing visits—council s 103 hdg sub A2007-12 s 24 s 103 am A2004-42 amdt 3.86 om A2014-48 s 27 Obstructing visits—director-general s 103A renum as s 22 Meaning of reviewable decision—pt 6.2 s 104 renum as s 23 Reviewable decision notices s 105 renum as s 24 Applications for review s 106 renum as s 25 Time for lodging ACAT review applications for s 55 and s 80 decisions— ACAT Act, s 11 s 107 am A2007-12 s 26 sub A2008-37 amdt 1.489 om A2014-48 s 31 CRICOS approval s 108 renum as s 26 Alternative verdict for offence against s 108 s 109 om A2007-12 s 27 Protection from civil liability s 110 renum as s 27 Determination of fees s 111 renum as s 28 Approved forms s 112 renum as s 29 Regulation-making power s 113 renum as s 30 Transitional ch 7 hdg exp 30 October 2004 (s 118) Details on national register on commencement s 114 exp 30 October 2004 (s 118) Registration of transitional RTOs s 115 exp 30 October 2004 (s 118)

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Accreditation of transitional vocational and higher education courses s 116 exp 30 October 2004 (s 118) Modification of ch 7’s operation s 117 exp 30 October 2004 (s 118) Expiry of ch 7 s 118 exp 30 October 2004 (s 118) Transitional ch 10 hdg ins A2007-12 s 29 exp 1 July 2008 (s 203) Definitions—ch 10 s 200 ins A2007-12 s 29 exp 1 July 2008 (s 203 (LA s 88 declaration applies)) def commencement day ins A2007-12 s 29 exp 1 July 2008 (s 203 (LA s 88 declaration applies)) def repealed Act ins A2007-12 s 29 exp 1 July 2008 (s 203 (LA s 88 declaration applies)) Training contracts s 201 ins A2007-12 s 29 exp 1 July 2008 (s 203 (LA s 88 declaration applies)) Transitional regulations s 202 ins A2007-12 s 29 exp 1 July 2008 (s 203 (LA s 88 declaration applies)) Expiry—ch 10 s 203 ins A2007-12 s 29 exp 1 July 2008 (s 203 (LA s 88 declaration applies)) Reviewable decisions sch 1 am A2007-12 s 30, s 31; items renum R7 LA; A2008-37 amdt 1. 490, amdt 1.491; A2011-22 amdt 1.443 sub A2014-48 s 36 Dictionary dict am A2008-37 amdt 1.492; A2009-49 amdt 3.201; A2014-48 s 37, s 38 def accreditation om A2014-48 s 39 def accredited course om A2014-48 s 39 def ANTA om A2007-12 s 32 def apprentice or trainee ins A2014-48 s 40 def approved training contract ins A2007-12 s 33 am A2011-22 amdt 1.443 def AQF am A2007-12 s 42 om A2014-48 s 41 def AQTF am A2007-12 s 42 om A2014-48 s 41

Endnotes 4 Amendment history page 38 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def authority om A2007-12 s 34 def committee om A2014-48 s 41 def Commonwealth Act om R9 LA ins A2014-48 s 42 def compliance audit om A2014-48 s 43 def corresponding law om A2014-48 s 43 def council om A2014-48 s 43 def course accrediting body om A2014-48 s 43 def employer ins A2007-12 s 35 sub A2014-48 s 44 def foreign university om A2014-48 s 45 def franchise arrangement om A2014-48 s 45 def higher education award om A2014-48 s 45 def higher education course om A2014-48 s 45 def higher education provider om A2014-48 s 45 def higher education standards om A2014-48 s 45 def jurisdiction om A2014-48 s 45 def legislative compliance standard om A2014-48 s 45 def MINCO om A2007-12 s 36 def ministerial council om A2014-48 s 45 def nationally agreed training contract ins A2007-12 s 37 def nationally endorsed om A2014-48 s 45 def national protocols am A2007-12 s 38, s 39 om A2014-48 s 45 def national register om A2014-48 s 45 def national training framework am A2007-12 s 42 om A2014-48 s 45 def probationary period ins A2014-48 s 46 def prohibition om A2014-48 s 47 def qualification sub A2014-48 s 48 def registered om A2014-48 s 49 def registered training organisation (or RTO) sub A2014-48 s 50 def registering body om A2014-48 s 51 def registration om A2014-48 s 51 def restriction om A2014-48 s 51 def reviewable decision ins A2008-37 amdt 1.493 def RTO sub A2014-48 s 52 def RTO standards om A2014-48 s 53 def scope of registration om A2014-48 s 53 def standards for accreditation of courses am A2007-12 s 42 om A2014-48 s 53 def standards for registered training organisations am A2007-12 s 42 om A2014-48 s 53

Endnotes Amendment history 4 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def standards for State and Territory registering and course accrediting bodies am A2007-12 s 42 om A2014-48 s 53 def statement of attainment sub A2014-48 s 54 def trades and labour council om A2014-48 s 55 def trainee ins A2007-12 s 40 om A2014-48 s 55 def training package om A2014-48 s 55 def unit of competency om A2014-48 s 55 def university om A2014-48 s 55 def university advisory panel om A2014-48 s 55 def vocational education and training sub A2014-48 s 56 def vocational education and training course om A2014-48 s 57 def work-related training ins A2007-12 s 41 am A2011-22 amdt 1.443

Endnotes 5 Earlier republications page 40 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Nov 2003 1 Nov 2003– 12 Apr 2004 not amended new Act R2 13 Apr 2004 13 Apr 2004- 24 Aug 2004 A2004-9 amendments by A2004-9 R3 25 Aug 2004 25 Aug 2004– 30 Oct 2004 A2004-42 amendments by A2004-42 R4 31 Oct 2004 31 Oct 2004– 1 June 2005 A2004-42 commenced expiry R5 2 June 2005 2 June 2005– 11 Apr 2007 A2005-20 amendments by A2005-20 R6 12 Apr 2007 2 Apr 2007– 30 June 2007 A2007-3 amendments by A2007-3 R7 1 July 2007 1 July 2007– 1 July 2008 A2007-12 renaming and other amendments by A2007-12 R8 2 July 2008 2 July 2008- 25 Aug 2008 A2007-12 commenced expiry R9 26 Aug 2008 26 Aug 2008- 1 Feb 2009 A2008-28 amendments by A2008-28 R10 2 Feb 2009 2 Feb 2009– 16 Dec 2009 A2008-37 amendments by A2008-37 R11 17 Dec 2009 17 Dec 2009– 30 June 2011 A2009-49 amendments by A2009-49 R12 1 July 2011 1 July 2011– 20 Sept 2011 A2011-22 amendments by A2011-22

Endnotes Earlier republications 5 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R13 21 Sept 2011 21 Sept 2011– 4 June 2012 A2011-28 amendments by A2011-28 R14 5 June 2012 5 June 2012– 21 Sept 2012 A2012-21 amendments by A2012-21 R15 22 Sept 2012 22 Sept 2012– 19 Nov 2014 A2012-21 expiry of provision (s 55B (5), (6)) R16 20 Nov 2014 20 Nov 2014– 4 Jan 2026 A2014-48 amendments by A2014-48 and general renumbering

Endnotes 6 Renumbered provisions page 42 Training and Tertiary Education Act 2003 Effective: 05/01/26 R17 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Renumbered provisions as made by Training and Tertiary Education Amendment Act 2014 A2014-48 s 58 and under the Legislation Act 2001 previous number provision heading renumbered or inserted as Chapter 1 Preliminary Part 1 1 Name of Act 1 3 Objects of Act 2 4 Dictionary 3 5 Notes 4 6 Offences against Act—application of Criminal Code etc 5 Chapter 2 Vocational education and training Part 2 7 Functions of director-general 6 Chapter 3A Work-related training and training contracts Part 3 55A Determination of work-related training 7 55AA Probationary period for training contract 8 55B Approval of training contract 9 55C Application for approval 10 55D Training contracts for qualification or statement of attainment 11 55E Training must be under approved training contract 12 55F Code of practice 13 55FA Ending training contract during probationary period 14 55G Party may ask for amendment 15 55H Director-general may suspend, cancel or amend contract 16 55I Dispute between employer and apprentice or trainee 17

Endnotes Renumbered provisions 6 R17 05/01/26 Training and Tertiary Education Act 2003 Effective: 05/01/26 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au previous number provision heading renumbered or inserted as Part 6.1 Visits to premises Part 4 99 Visits by director-general—RTO premises 18 99A Visits by director-general—training contract premises 19 101 Identity cards 20 102 Production of identity card 21 103A Obstructing visits—director-general 22 Part 6.2 Notification and review of decisions Part 5 104 Meaning of reviewable decision—pt 5 23 105 Reviewable decision notices 24 106 Applications for review 25 Part 6.3 Other provisions Part 6 108 CRICOS approval 26 110 Protection from civil liability 27 111 Determination of fees 28 112 Approved forms 29 113 Regulation-making power 30 © Australian Capital Territory 2026

The statute revolves around a compact set of concepts directed at regulating workplace‑based VET in the Territory.

Work‑related training: The director‑general determines what sequences of vocational education and training are “work‑related training” for the Act (s 7). Examples expressly include apprenticeships and traineeships. These determinations are notifiable instruments (s 7(2)), meaning they are published and subject to parliamentary oversight procedures applicable to notifiable instruments.
Approved training contract: A training contract between an employer and a person must be approved by the director‑general to cover work‑related training that leads to a VET qualification or statement of attainment (ss 9, 11). The Act ties the form and content of approved contracts to a “nationally agreed training contract” (s 9(2)(a); dictionary).
National integration: The Act deliberately reuses Commonwealth definitions and frameworks. It references the Commonwealth Act for the meaning of RTO, qualification, VET course, and statement of attainment (dictionary; s 18(6)). The director‑general must ensure contracts comply with the nationally agreed training contract (s 9(2)(a)); the code of practice may apply or incorporate instruments as in force from time to time (s 13(2)). This means national instruments and standards will commonly be legally operative within the ACT regime.
Procedural instruments and ministerial oversight: Several decisions are subject to administrative instrument frameworks. Determinations of work‑related training and probationary periods are notifiable instruments (ss 7-8). The Minister approves codes of practice and may determine fees; an approved code is a disallowable instrument (s 13(3)) and a determination of fees is a disallowable instrument (s 28(2)). Approved forms are notifiable instruments (s 29(3)). These instrument types carry different parliamentary oversight and disallowance mechanics.
Inspections and information powers: The director‑general may authorise persons to visit RTO or employer premises where training is being conducted, with specified notice (7 days) and defined powers to enter, observe, request information and documents (ss 18-19). Visits without notice are allowed in “exceptional circumstances” (ss 18(5), 19(5)), with an example given (danger of injury to health or safety).
Enforcement levers and offences: The Act sets out specific offences (eg s 12 employer offence; s 20 identity card return), notes the Criminal Code chapter applies (s 5), and ties penalties to the penalty unit system where applicable. For obstructing visits or providing false or misleading information, the director‑general may suspend, cancel or amend training contract approvals (s 22).
Administrative review: The Act maps reviewable decisions in schedule 1 and requires the director‑general to give reviewable decision notices to identified entities (ss 23-24; schedule 1). ACAT jurisdiction is provided for reviews (s 25), and the director‑general must take reasonable steps to notify any other person whose interests are affected (note to s 24 referencing ACT Civil and Administrative Tribunal Act 2008, s 67A).

These concepts structure a regulatory ecosystem: the director‑general exercises gatekeeping over entry to the apprenticeship/traineeship regime, supervises delivery through inspection powers and a code of practice, and resolves disputes or takes corrective action through suspension, amendment or cancellation of approvals. The Act connects to Commonwealth frameworks rather than creating a wholly separate ACT training standard.

The Act allocates rights, obligations and regulatory exposure across a series of defined parties.

Employers: Employers who provide work‑related training and employ persons on trainee/apprentice wages must have an approved training contract (s 12). Employers are subject to approval processes (ss 9-10), to visits authorised under ss 18-19 when providing training under a contract, to obligations to produce requested documents and information (ss 18(4)(d), 19(4)(d)), and to the director‑general’s powers to suspend, cancel or amend contracts where statutory triggers are met (ss 16, 22). Employers are also an “entity” for many reviewable decisions (schedule 1 column 4).
Apprentices and trainees: A person who undertakes an apprenticeship or traineeship under an approved training contract is an “apprentice or trainee” (dictionary). They have procedural protections: during a probationary period they or the employer may end the contract (s 14); they may request amendments and are parties whose interests are protected in reviews (s 15; schedule 1). They are beneficiaries of the director‑general’s dispute resolution powers and rights to be given reviewable decision notices (ss 17, 24).
Registered Training Organisations (RTOs): RTOs defined by the Commonwealth Act that deliver assessment or training on premises are subject to visit notices from the director‑general (s 18). Notices must specify address, purpose, day and time and be given at least 7 days before the visit (s 18(2)). RTOs must cooperate with authorised visitors and produce documents about courses given or proposed on the premises (s 18(4)(d)). An RTO that obstructs visits or gives false information may trigger action against an employer’s approved training contract (s 22).
Director‑general and Minister: The director‑general is the central decision‑maker for defining work‑related training (s 7), setting probationary periods (s 8), approving and amending training contracts (ss 9, 15-16), conducting dispute resolution (s 17), and authorising and conducting visits (ss 18-19). The Minister has political oversight and distinct statutory powers: to approve codes of practice (s 13), to determine fees (s 28), and for CRICOS approvals for schools (s 26).
ACAT and persons affected by decisions: The Act identifies which director‑general decisions are reviewable and who must receive reviewable decision notices (schedule 1). Any entity in schedule 1 column 4 and any other person whose interests are affected may apply to ACAT for review (s 25; s 24 note referencing ACT Civil and Administrative Tribunal Act 2008, s 67A). ACAT therefore is the primary tribunal for administrative review under this Act.
The Territory and its agencies: Section 27 shifts civil liability for acts done honestly and without negligence by a person exercising a function under the Act to the Territory. The Territory thus bears civil exposure arising from competent official actions performed under the Act; officials are protected insofar as acts are honest and non‑negligent (s 27).

Who pays: Employers bear direct compliance costs: applying for approvals (s 10), meeting the director‑general’s satisfaction on facilities, trainer qualifications and conduct (s 9(2)(b)-(d)), complying with the code of practice (s 13), producing documents and responding to visits (ss 18-19), and potential penalties for offences (s 12). The Minister may set fees for functions under the Act; those fees are disallowable instruments (s 28). Corporations face different monetary penalty unit values set under the Legislation Act (noted at the front page: penalty unit values at republication date), which the republished law records (endnotes and front matter).

This section lists the principal duties imposed and rights created by the Act, with section references.

Duties and requirements

Approval requirement for training delivery: Employers must ensure that work‑related training leading to a qualification or statement of attainment is provided under an approved training contract; otherwise an employer commits an offence and is liable to a maximum of 50 penalty units (s 12(1)-(2)). The offence is strict liability (s 12(2)).
Compliance with the nationally agreed training contract form and substance: The director‑general cannot approve a training contract unless satisfied it complies with the form and content of the nationally agreed training contract and other suitability matters (s 9(2)(a)-(e)).
Code of practice compliance: When providing work‑related training under an approved contract, all parties must comply with any code of practice the Minister approves under s 13 (s 13(1)). The code can incorporate or apply external instruments as in force from time to time (s 13(2)). An approved code is a disallowable instrument, exposing it to parliamentary scrutiny (s 13(3)).
Cooperation with visits: RTOs and employers must accept notices from the director‑general and allow authorised persons to enter premises, observe operations and produce documents on the day and time specified, subject to procedural constraints (ss 18-19). Notices must be given at least 7 days before the visit and the visit must be at a time when the RTO or employer normally conducts business (ss 18(2)(d), 18(3); 19(2)(d), 19(3)).
Identity card handling: Persons authorised to conduct visits must carry an identity card and must return it promptly when asked to do so by the director‑general, failing which they commit a strict liability offence with a maximum of 1 penalty unit (s 20(1)-(3)). Visitors must produce identity cards on request by occupiers or leave the premises (s 21).

Rights and procedural protections

Probationary period termination: Either party to an approved training contract may end the contract during a probationary period determined under s 8 (s 14).
Requesting and opposing amendments: Parties may ask the director‑general to approve an amendment of a contract; the director‑general must either approve or refuse, and must not approve unless the amended contract complies with the nationally agreed training contract (s 15).
Director‑general dispute resolution and powers: Parties may ask the director‑general to resolve disputes; the director‑general must attempt resolution within 28 days and may make findings, amend contracts or give directions if unresolved (s 17). Items of director‑general decision‑making are reviewable under pt 5 and schedule 1; affected parties receive reviewable decision notices and may apply to ACAT (ss 23-25; schedule 1).
Administrative review and notice: The director‑general must give reviewable decision notices to identified entities in schedule 1 column 4 and take reasonable steps to notify other persons whose interests are affected (s 24, note).
Protection for officials and indemnity to Territory: A person exercising a function under the Act does not incur civil liability for acts or omissions done honestly and without negligence; civil liability attaches to the Territory instead (s 27).

Instrument and parliamentary oversight

Notifiable and disallowable instruments: Many determinations and instruments are either notifiable (eg determinations under ss 7-8, approved forms under s 29(3)) or disallowable (eg codes of practice under s 13(3), fees under s 28(2)). This means decisions are published and some are subject to disallowance by the Legislative Assembly (instrument types defined under the Legislation Act procedures referenced in the Act’s front matter and notes).

Criminal and penalty framework

Criminal Code application: The Act expressly applies the Criminal Code ch 2 to its offences (s 5), which sets out general principles of criminal responsibility, defences and relevant definitions.
Penalty units: The republished Act records penalty unit monetary values and notes where penalty unit values are set under the Legislation Act (front matter).

These duties and rights combine administrative gatekeeping, inspection and compliance obligations for employers and RTOs, and adjudicative and corrective powers for the director‑general, with statutory review routes to ACAT.

The Act employs a mix of criminal offence provisions, administrative sanctions (suspension, cancellation, amendment of approvals) and instrument oversight. It locates enforcement authority primarily in the director‑general, with some ministerial functions.

Criminal offences and penalty quantum

Employer offence for unapproved training: s 12 makes it an offence for an employer to provide work‑related training leading to a qualification or statement of attainment, pay trainee/apprentice wages and conditions and have no approved training contract. The maximum penalty is 50 penalty units and the offence is strict liability (s 12(1)-(2)). The republished law records a penalty unit value at the front matter for the republication date (penalty unit values are set in the Legislation Act; the republication note lists $160 for an individual and $810 for a corporation at the republication date).
Identity card return: s 20(2) creates a strict liability offence with a maximum penalty of 1 penalty unit for an authorised visitor who fails to return an identity card to the director‑general within 7 days of being asked to do so.
Criminal Code application: s 5 states that the Criminal Code ch 2 applies to offences against this Act. That chapter establishes general criminal responsibility principles, burdens of proof and available defences. The Act thus frames its offences within the broader criminal law principles of the Territory.

Administrative enforcement and corrective powers

Suspension, cancellation or amendment of approvals: The director‑general can suspend, cancel or amend the approval of a training contract where the employer is unable to provide training due to changed circumstances, if it is in the apprentice/trainee’s interests, or in other circumstances prescribed by regulation (s 16). Likewise, where the director‑general is satisfied an employer or RTO obstructs or hinders visits, refuses to give information or provides false or misleading information, or refuses to produce documents (s 22(1)), the director‑general may suspend, cancel or amend an approved training contract to which the employer is a party or under which the RTO delivers training (s 22(2)).
Conditional approvals: The director‑general may approve a training contract subject to conditions (s 9(3)). Non‑compliance with such conditions can provide a statutory basis for subsequent administrative action.
Dispute resolution powers with binding consequences: Under s 17, after attempting resolution, if the director‑general cannot resolve a dispute within 28 days they may make a finding of fact, amend the contract, or give directions to a party. These are substantive interventions that can alter contractual arrangements and influence compliance.

Procedural and review mechanisms

Reviewable decisions and ACAT: The Act’s schedule 1 lists decisions that are reviewable, including refusal to approve training contracts, approving subject to conditions, approving or refusing contract amendments, suspending/cancelling approvals, making findings of fact or giving directions in disputes, and actions under s 22(2) (schedule 1, items 1-11). The director‑general must give reviewable decision notices to the entities listed in schedule 1 column 4 (s 24). Entities listed and any other person whose interests are affected may apply to ACAT for review (s 25).
Instrument scrutiny: Codes of practice (s 13) and fee determinations (s 28) are disallowable instruments; approved forms and certain determinations are notifiable instruments (s 29). Disallowable instruments can be disallowed by the Legislative Assembly under the Legislation Act procedures, providing an additional oversight mechanism beyond ACAT review for administrative decisions made by the Minister or director‑general.

Enforcement emphasis and limits

The Act centralises enforcement in administrative levers rather than a large spectrum of criminal offences. The principal criminal offence measured by a significant penalty (50 penalty units) targets employers who pay trainee/apprentice wages without an approved contract (s 12). Most other compliance frictions are channelled through administrative approvals, conditions, inspection powers and the director‑general’s ability to alter or withdraw approvals.
Protection for officials: s 27 limits civil exposure for persons exercising functions under the Act, by protecting honest and non‑negligent acts and directing civil liability to attach to the Territory instead. This reduces the risk of personal civil suits against officials acting lawfully under the Act.

In practice the enforcement architecture incentivises compliance through contract approval gatekeeping, regular visits and the credible threat of administrative suspension/cancellation, while reserving criminal penalties for specific breaches. The Act embeds avenues for affected parties to seek review in ACAT and subjects certain instruments to parliamentary disallowance.

The Act integrates with Commonwealth and Territory legal frameworks by reference and by allocating certain statutory functions to Territory offices for Commonwealth purposes.

Cross‑references to Commonwealth law and national frameworks

Commonwealth Act integration: The Act repeatedly relies on definitions and concepts from the National Vocational Education and Training Regulator Act 2011 (Cwlth), referred to as the Commonwealth Act. The dictionary instructs that terms such as “registered training organisation (or RTO)”, "qualification", "statement of attainment", and "VET course" are to be understood by reference to the Commonwealth Act (dictionary; s 18(6)). The director‑general must ensure training contracts comply with the “nationally agreed training contract” (s 9(2)(a); dictionary). This means the ACT regime is not standalone but operates in concert with national standards and definitions.
CRICOS and Commonwealth ESOS Act: Section 26 assigns the Minister responsibility for approving providers to deliver courses to overseas students at government or non‑government schools for the purposes of the Education Services for Overseas Students Act 2000 (Cwlth) and its CRICOS framework. The Act thereby provides a Territory authorisation channel for a Commonwealth regulatory scheme.

Territory legislation and administrative law

Criminal Code application: s 5 brings the Territory Criminal Code ch 2 into play for offences against the Act, aligning criminal responsibility and defences with Territory criminal law.
Instrument types governed by the Legislation Act: The Act designates various determinations as notifiable or disallowable instruments (eg ss 7-8, 13(3), 28(2), 29(3)). The operation and parliamentary oversight of these instrument types are governed by the Legislation Act 2001 and are referenced in the Act’s front matter and notes.
ACAT review and the ACT Civil and Administrative Tribunal Act: The Act’s review regime sits on ACAT’s jurisdiction. The note to s 24 explicitly references the ACT Civil and Administrative Tribunal Act 2008, s 67A for notice obligations. Section 25 permits entities in schedule 1 column 4 and any other person whose interests are affected to apply to ACAT for review.
Industrial law considerations: Section 9(2)(e) requires the director‑general to be satisfied that the employer is likely to comply with any relevant industrial arrangement, with “industrial arrangement” defined to include a Fair Work Act 2009 (Cth) fair work instrument or a contract of employment (s 9(4)). This ties ACT approval decisions to compliance with Commonwealth industrial instruments and private employment contracts.

Overlap and delegation issues

Division of regulatory labour: The Act does not attempt to replicate Commonwealth regulation of RTO registration or national VET regulation; rather it embeds Commonwealth definitions and the nationally agreed training contract. Many provisions that previously sat in the Act (as shown in the amendment history) were removed or omitted following national reforms (see amendment history in endnotes 3-4). This positions the ACT framework as complementary and procedural for workplace training relationships, not a competing RTO registration regime.
Potential duplication risks: Because the Act requires compliance with national instruments and references the Commonwealth Act for definitions, RTOs and employers must reconcile ACT administrative requirements (eg approval of training contracts, compliance with a Minister‑approved code of practice) with national regulator obligations. The Act’s mechanisms for visits (ss 18-19) and the director‑general’s powers may overlap with national auditing or compliance visits conducted by Commonwealth regulators; the Act does not itself resolve procedural priority or duplication, but national cross‑references reduce substantive divergence.

Parliamentary oversight and executive discretion

Instrument scrutiny: By making codes of practice and fee determinations disallowable instruments, the Act places some executive choices within the Legislative Assembly’s scrutiny. Notifiable instruments, including approved forms and determinations of work‑related training or probationary periods, are published to the register and subject to the Legislation Act’s processes (ss 7-8, 29).
Civil liability shift: Section 27 shifts civil liability to the Territory for honest and non‑negligent official acts, which interacts with ordinary tort and negligence law by channeling civil claims to the Territory rather than individual officials.

In sum, the Act operates in a nested regulatory field: it relies on Commonwealth definitions and national arrangements for VET substance while establishing Territory administrative processes for apprenticeships and traineeships, inspections and contract approvals, and connecting those processes to ACAT review and Legislative Assembly oversight through instrument types.

The republished Act records an extensive legislative history and more recent amendments, which materially shaped its structure and scope. The endnotes and amendment history in the republished law summarise amendments back to the Act’s origin and the legislative events that restructured parts of the Act.

Key legislative milestones recorded in the republished law

Original enactment and renaming: The original Act was the Tertiary Accreditation and Registration Act 2003; it was renamed Training and Tertiary Education Act 2003 by the Training and Tertiary Education Legislation Amendment Act 2007 (A2007‑12) (endnote 3).
2007 reform and insertion of Part 3: Significant changes occurred with A2007‑12, which inserted the work‑related training and training contracts provisions (previously numbered as ss 55A-55I). That amending Act added the scheme of approved training contracts, probationary periods, and related mechanics (amendment history entries noting ss 55A-55I renumbered as ss 7-17).
2014 consolidation and renumbering: The Training and Tertiary Education Amendment Act 2014 (A2014‑48) undertook widespread renumbering and omitted several older chapters. The amendment history demonstrates that many provisions were omitted and the Act’s chapter structure was reorganised (amendment history and renumbered provisions endnotes).
Recent amendments up to A2025‑29: The republished law includes amendments made by Statute Law Amendment Act 2025 (A2025‑29), with provisions of that amendment commencing 5 January 2026 (endnote 3 and amendment history). The front matter also records that the republication includes amendments made under part 11.3 of the Legislation Act 2001 (editorial changes).
Instrumental and structural adjustments: The amendment history details numerous incremental amendments across years, including changes to definitions in the dictionary, insertion and removal of chapters, and relocation or renumbering of provisions (endnote 4 and the renumbering table in endnote 6).

How the amendment history affects interpretation and application

Narrowed local scope and national alignment: The amendment trail, particularly the 2007 insertions and the 2014 reshaping, demonstrates a movement toward harmonising the ACT’s VET provisions with national frameworks. Removed sections (noted in amendment history endnotes) indicate that RTO registration and accreditation mechanics that once sat in the Act were later excised or deferred to national arrangements. The dictionary reinserts references to the Commonwealth Act and the “nationally agreed training contract,” signalling alignment rather than independent standard setting.
Instrument types and parliamentary scrutiny preserved: Across amendments the Act maintained the use of notifiable and disallowable instruments (see entries for ss 7-8, 13, 28-29), meaning the Assembly retains instrument oversight despite structural changes.
Continuity of director‑general functions: The director‑general’s core functions have been preserved (s 6), even as certain specific procedural parts (eg higher education provider regulation) were removed. The Act therefore continues to centralise administrative decision‑making in that office for VET workplace training matters.
Recorded commencement and expiry dates: The endnotes record commencement details for amendments and discrete expiry or transitional provisions that applied historically. Practitioners should consult the endnotes (notably endnotes 3 and 4) for the timing and sequencing of amendments when analysing historical obligations or transition arrangements.

Practical use of the amendment history

Use the endnotes as a roadmap: The republished law contains endnotes 3 and 4, which provide a chronology of amendments and the renumbering of provisions. When examining a historical agreement or enforcement action, practitioners should read the endnotes to determine which version of a provision applied at the relevant time.
Watch for instrument‑based change: Because the Act delegates substantial detail to instruments (notifiable and disallowable), many changes in operational practice will occur by instrument rather than primary‑law amendment. The amendment history shows past shifts, but current practice may change via instrument; therefore practitioners should consult the register for relevant codes of practice, fee determinations and approved forms.

The republished document itself is effective as at 5 January 2026 and incorporates amendments up to A2025‑29; the endnotes supply the full legislative and amendment chronology (endnotes 3-4).

The republished Act does not include or cite any reported judicial decisions. It provides administrative dispute and review mechanisms and expressly channels contested decisions to the ACT Civil and Administrative Tribunal. The text therefore structures litigation risk primarily as administrative review and possible civil or criminal proceedings under the Territory’s ordinary statutory and criminal regimes.

Administrative review routes and tribunal jurisdiction

Reviewable decisions: Schedule 1 enumerates the director‑general’s decisions that are reviewable, such as refusing to approve a training contract, approving subject to conditions, refusing or approving contract amendments, suspending or cancelling approvals, making factual findings in disputes, amending contracts and giving directions (schedule 1, items 1-11). The Act identifies the entities who must receive reviewable decision notices (schedule 1 column 4).
ACAT review: Section 25 allows entities listed and “any other person whose interests are affected” to apply to ACAT for review of a reviewable decision. The note to s 24 cross‑references ACT Civil and Administrative Tribunal Act 2008, s 67A regarding the director‑general’s notice obligations to affected persons. Practitioners should therefore expect that formal contestation of director‑general decisions will proceed through ACAT, rather than via internal ministerial review, except where instrument types permit parliamentary disallowance.
Timeframes and internal action before review: The Act requires the director‑general to attempt dispute resolution within 28 days following a request under s 17; if unresolved, the director‑general may take substantive steps including making findings or amending contracts (s 17). Parties may then have a reviewable decision to take to ACAT (schedule 1 items 7-9).

Criminal and civil enforcement routes

Criminal prosecution for offences: For contraventions that are criminal offences under the Act (eg s 12 employer offence; s 20 identity card return), prosecution would proceed through the Territory criminal justice processes, with the Criminal Code’s general principles applying (s 5). The republished law does not record any prosecutions or judicial determinations about the Act’s application; practitioners must consult court records for litigation history.
Civil liability channelled to the Territory: Section 27 gives rise to a particular civil‑liability regime: officials acting honestly and without negligence do not incur civil liability; instead the Territory bears the civil liability that would otherwise attach. This will affect civil proceedings arising from official acts under the Act because claimants will generally pursue the Territory rather than the official.

Absence of recorded case law in the republished Act

No cases named in text: The republished law contains no judicial opinions, and it does not reference precedents. The Act therefore sets the administrative architecture without embedding or citing litigation outcomes. For practical litigation history, practitioners must search ACAT and Territory court databases and records of Commonwealth enforcement actions where Commonwealth instruments overlap.

Implications for practitioners

Anticipate ACAT as the primary forum: Given the Act’s reviewable decisions and s 25, ACAT will be the principal tribunal for contesting administrative decisions under this Act. The specific items in schedule 1 define who has standing for particular decisions.
Criminal exposure is narrow but non‑trivial: The employer offence in s 12, being strict liability and carrying a significant penalty (50 penalty units), is the main criminal exposure directly created by the Act. Identity card offences and other sanctions provide lower‑quantum criminal exposure.
Civil litigation will focus on Territory immunities and indemnities: Section 27 changes the target for civil claims arising from official acts; lawyers should frame potential negligence or tort claims with reference to the Territory’s liability rather than individual official liability.

To develop a litigation strategy, practitioners should map the sequence: (1) whether a director‑general decision is reviewable (schedule 1), (2) ensure reviewable decision notices were properly given (s 24), (3) if review rights exist, prepare for ACAT, and (4) consider whether criminal or civil proceedings are implicated by factual conduct (eg obstruction, false statements).

This section highlights practical traps, drafting points and compliance pitfalls that flow directly from the Act’s text.

Strict liability offences and significant penalties

Employer offence is strict liability: Section 12(2) makes the offence of providing training and paying trainee/apprentice wages without an approved training contract a strict liability offence. Strict liability removes the need for the prosecution to prove fault. Employers must therefore be proactive in ensuring approval is in place before paying trainee/apprentice wages and conditions. The maximum penalty is 50 penalty units (s 12(1)).
Identity card return is strict liability: An authorised visitor who fails to return their identity card when asked commits a strict liability offence with a maximum of 1 penalty unit (s 20(2)-(3)). Operationally, agencies must manage identity card inventories to avoid inadvertent breaches.

Notice timing and ordinary business hours requirement

Seven days’ notice and normal business time constraint: Notices of visits must be given at least 7 days before a proposed visit and the day/time must be when the RTO or employer normally conducts business on the premises (ss 18(2)(d), 18(3); 19(2)(d), 19(3)). Non‑compliance with procedural notice requirements may render later enforcement steps challengeable on procedural grounds.
Exceptional circumstances allow no‑notice visits: However, the Act allows visits without notice in “exceptional circumstances,” with an example of danger of injury to health or safety given (ss 18(5), 19(5)). The absence of a detailed statutory test for “exceptional” leaves room for dispute about the appropriateness of no‑notice visits; parties may seek ACAT review or judicial relief if they assert the director‑general’s threshold was not met.

Director‑general discretion and consequences

Broad corrective powers tied to findings: The director‑general may make findings, amend contracts and give directions following dispute attempts (s 17). This grants the director‑general power to alter contractual arrangements administratively, which may materially affect parties’ rights and obligations. Those actions are reviewable (schedule 1), but the potential for significant change within 28 days is a fast clock.
Obstruction consequences: s 22 permits suspension, cancellation or amendment of approved training contracts if the director‑general is satisfied the employer or RTO obstructed visits, refused to provide information, or produced false/misleading documents (s 22(1)-(2)). Obstruction can therefore lead to immediate administrative sanctions affecting commercial continuity.

Instrument and code‑of‑practice cascade effects

Codes may apply instruments “as in force from time to time”: Section 13(2) allows an approved code of practice to adopt instruments in their future amended forms. That creates an automatic incorporation risk: compliance rules can change without an Act amendment, raising transitional compliance issues for employers and RTOs who rely on a static set of standards.
Many determinations are notifiable/disallowable: Determinations of work‑related training, probationary periods and forms are notifiable instruments (ss 7-8, 29(3)); codes and fees are disallowable (ss 13(3), 28(2)). Parties must monitor the legislation register for instrument changes that may alter compliance burdens or eligibility criteria.

Overlap with Commonwealth obligations and industrial arrangements

Industrial arrangement assessment: The director‑general must be satisfied the employer is likely to comply with “relevant industrial arrangements” (s 9(2)(e)), defined to include Fair Work Act instruments or contracts of employment (s 9(4)). Employers should ensure labour compliance in parallel with seeking training contract approval.
Commonwealth regulator interaction not specified: The Act relies on Commonwealth definitions and integrates with national instruments, but it does not expressly set out how ACT visits interact operationally with Commonwealth regulatory activity. Parties should anticipate concurrent Commonwealth audits or requirements from national regulators for RTOs, and plan for potential duplication or coordination issues.

Administrative formality risks

Use of approved forms is mandatory: The director‑general may approve forms for the Act and those forms must be used for their purpose (s 29(1)-(2)). Failure to use the correct approved form could be a procedural bar to approval or give grounds for challenge.
Notice obligations for reviewable decisions: The director‑general must give reviewable decision notices to entities identified in schedule 1 column 4; they must also take reasonable steps to notify other affected persons (s 24). Failure to give proper notice can affect the tribunal reviewability timetable and standing.

Liability and indemnity mechanics

Civil liability attaches to the Territory: Officials acting honestly and without negligence do not incur civil liability (s 27(1)); civil liability attaches instead to the Territory (s 27(2)). Claimants must therefore direct civil claims against the Territory rather than individuals, which changes litigation strategy and potential remedies.

Practical consequence: compliance requires active monitoring

The Act’s mix of strict liability offences, instrument‑based rulemaking, administrative correction powers and cross‑jurisdictional integration creates a compliance environment that is administratively driven and instrument‑sensitive. Employers, RTOs and advisers should maintain proactive procedures for approvals, record‑keeping for visits, monitoring of instrument registers (codes, fees, approved forms), and internal routines for responding to director‑general notices within the tight time windows set by the Act.

This section sets out concrete steps, processes and operational measures that employers, RTOs and advisers should implement to align practices with the Act’s requirements.

Confirm whether the training is “work‑related training” under the director‑general’s determinations

Check whether the director‑general has published a determination classifying the sequence of training as work‑related training (s 7). These are notifiable instruments; consult the ACT legislation register for current determinations and signpost definitions in the dictionary that link to the Commonwealth Act.

Use the nationally agreed training contract and approved forms

Ensure any training contract uses the nationally agreed training contract form and complies with its content requirements (s 9(2)(a); dictionary).
Apply using the director‑general’s prescribed method (s 10) and use director‑general‑approved forms for applications and other statutory purposes (s 29(1)-(3)). Approved forms are notifiable instruments; using an incorrect form may invalidate an application.

Prepare documentary evidence for approval

For approval under s 9, assemble evidence to show: facility suitability; equipment and training methods; qualifications, knowledge and skills of trainers; appropriate conduct of trainers; and likelihood of employer compliance with relevant industrial arrangements (s 9(2)(b)-(e)). Evidence should include trainers’ CVs, facility photos, assessment approaches, and copies of relevant industrial instruments or employment contracts.

Comply with any code of practice and monitor instrument updates

Check whether a Minister‑approved code of practice applies to the training and ensure operational compliance (s 13(1)). Codes may incorporate external instruments as they change (s 13(2)); therefore set up a process to monitor the register for code amendments and incorporated instrument updates. Treat compliance with the code as a continuing obligation while training is provided under the contract.

Understand probationary period mechanics and rights

Identify whether a probationary period has been determined for the contract (s 8). Ensure contract terms and workplace practice respect the right for either party to end the contract during the probationary period (s 14). Keep clear records of probationary period start dates.

Maintain robust records and readiness for visits

Anticipate director‑general authorised visits by keeping accurate and accessible records of courses, training delivery, assessment and contracts, because authorised persons may request documents and observe operations (ss 18(4), 19(4)). Notices must ordinarily be given at least 7 days before the proposed visit and specify a normal business day/time (ss 18(2)(d), 18(3), 19(2)(d), 19(3)); thus establish internal protocols to respond to notices within that timeline.
For RTOs and employers, designate staff responsible for liaising with authorised visitors and producing documents promptly. Train staff on identity card checks and the obligation to request production from visitors (s 21).

Avoid obstruction and ensure truthfulness in responses

Do not obstruct authorised persons or provide false or misleading information or documents. s 22 permits the director‑general to suspend, cancel or amend approved training contracts where obstruction or false/misleading information occurs (s 22(1)-(2)). Maintain a compliance log of requests and responses to visits and preserve originals of documents provided.

Apply for and track amendments and dispute resolution timelines

If party circumstances change, request contract amendments early under s 15. The director‑general must approve or refuse, and cannot approve unless the amendment meets the nationally agreed training contract form and does not adversely affect provision of training (s 15(2)-(4)).
In disputes, submit a clear request to the director‑general for resolution; expect the director‑general to attempt resolution within 28 days (s 17(2)-(3)). Keep detailed contemporaneous records to support any later ACAT review.

Prepare for administrative outcomes and ACAT review

If a director‑general decision is adverse and reviewable (schedule 1), identify who must receive the reviewable decision notice (schedule 1 column 4; s 24). Be prepared to lodge an ACAT application where appropriate under s 25. Monitor procedural notices for adequacy: failure to be properly notified can affect review timetables.

Manage fees, penalty risk and liability exposure

Check whether any fee determination by the Minister applies to your activities and ensure budgets reflect applicable fees (s 28). Treat the employer offence in s 12 (strict liability) as material risk,do not commence training and pay trainee/apprentice wages before securing an approved training contract. Understand penalty unit values (see the republication front matter and the Legislation Act) and the consequence matrix for corporations and individuals.

For CRICOS and overseas student contexts

If providing courses to overseas students at schools, verify that the Minister has granted the relevant approval for CRICOS purposes under s 26 and that your institution is listed appropriately on CRICOS as required by the Commonwealth Act.

Insure and engage legal advice

Note s 27 shifts civil liability for honest and non‑negligent official acts to the Territory. Organisations should nonetheless maintain appropriate third‑party liability insurance and seek legal advice before challenging director‑general actions, given the ACAT review path and potential for rapid administrative sanctions.

Operational checklist (practical steps)

Before recruitment and pay: confirm approved training contract exists (s 12).
Application pack: completed approved forms, trainer credentials, facility evidence, industrial arrangements evidence (ss 9-10, 29).
Compliance register: codes of practice, instrument notices, fees and approved forms monitoring (ss 13, 28-29).
Visit readiness: document inventory, designated liaison officer, identity card verification process (ss 18-21).
Dispute procedures: internal dispute log and prompt submission to director‑general if negotiations fail (s 17).
Review planning: identify which decisions are reviewable and maintain records to support an ACAT application (schedule 1; s 25).

Following these concrete steps will reduce the risk of enforcement action, administrative suspension, or criminal exposure under the Act. When in doubt about instrument status or particular factual questions (eg whether a particular sequence is a “work‑related training” determination), check the ACT legislation register and consult the director‑general’s published determinations and approved forms.

Training and Tertiary Education Act 2003

Plain English Summary

Deep Dive

What it does

Current sections

Training and Tertiary Education Act 2003

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply